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Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

....ng the daughter and defendant-opposite party No.2 being his sister in equal shares according to Mohammadan Law. While defendant-opposite party No. 2 i.e. the sister of Akhtaruzzaman was continuing as owner in possession in respect of her 8 annas share of the schedule property plaintiff opposite part...... Cases Referred To- AIR (1940) Rangoon 53 & AIR (1953) Patna 344; AIR 1928 Calcutta 539; ILR 1923 (Born) 73; Md. Tazammal Hossain Talukder Vs. Purni Agarwalini, 10 DLR 318 & Sayesta Bibi and ors Vs. Juma Sha and ors, 42 DLR (AD) 53. Lawyers Involved: Md. Fazlul Karim with Altaf Ho......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...

Category: Property Law | Date: | Hits: 113

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....atian No. 7. It is averred in the plaint, inter alia, that on 06-09-95 the suit land was transferred to a Waqf by Shahjadi Begum. On 27-11-95 the suit land was burnt to ashes by a fire. Then 411 shop owners who were possessing the suit land formed the plaintiff-samity. On 24-12-96 defendant No.1 Waq......ourt. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ..

Category: Civil Law | Date: | Hits: 84

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

....r made any specific promise of making payment within a specified time. In the instant case we also find that the transaction between the parties was a business transaction. The accused petitioner was owner of a flour mill and the complainant supplied wheat in the mill of the petitioner and ultimatel...... ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..

Category: Criminal Law | Date: | Hits: 42

Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

.... No.1 filed the above suit seeking cancellation of partition Deed No.77 and also the Deed of Gift No.772 both dated 6.1.1985 registered at the Bogra District Registry on the averments that she is the owner of the suit land by purchase and that the defendant No.1, the predecessors of the present peti......on is dismissed. This Case is also Reported in: VII ADC (2010) 516.......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...

Category: Property Law | Date: | Hits: 26

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

.... facts involved in the case, in short, are that the suit property as described in the plaint was recorded in C.S. Khatian No.629 which consists of C.S. Plot No.650 and 651 of which Bonobihari was the owner of .7 8/15 deci­mals which has been described in sched­ule 'Ka' to the plaint. Bonobihari le......Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Bijan Kumar Das J Md. Muzammel Hossain J Gonesh Ghosh being dead his heirs; 1(a) Bikash Ghosh and others……....Petitioners Vs. Babu @ Sabir Ahmed and others……………………....R......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501...

Category: Property Law | Date: | Hits: 29

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....herit his properties including the suit land and that the defen­dant in particular defendant Nos.6 and 7 on 16.09.1994 threatened the plaintiffs to forcibly take possession of the suit land claiming ownership thereon through sale deed dated 01.01.1979, 03.01.1979,04.01.1979, 18.09.1978 and 13.09.19.............order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....f Amiruddin Ostager orally gifted their shares in the suit property to their only brother Azimuddin. Thus the plaintiff respondent, the petitioner .herein owns and possesses the suit property as sole owner for more than twelve years. He has been paying rents and other taxes to Government and Dhaka C......m J Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Azim Uddin……………...........Petitioner (In both the cases) Vs. Md. Abdul Latif and others …………….......Respondents (In both the cases) Judgment February 4, 2010. ......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484...

Category: Property Law | Date: | Hits: 24

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....ossession; that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgun, 1387 B.S. the defen­da...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mojibor and another………..................Petitioners Vs Md. Nurul Islam and others……………...... that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgun, 1387 B.S. the defen­dant No.1 tr..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....22,000 (forty lac twenty two thousand) shares i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, proprietor and service provider in software develop­ment, telecommunications and all types o......is Case is also Reported in: VII ADC (2010) 459. ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179...... (AD) (2010) 179......10 dated 05.02.1976 addressed under the name of the Section officer of the Ministry of Works and Urban Development, Section-X, of the Government of Bangladesh directing the respondent addressing as a possessor to deliver the possession of the holding within 30 days of the receipt of the notice. Afte..

Category: Property Law | Date: | Hits: 24

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... said 9½ decimals of land from the southern portion of dag No.1350 to the plaintiff vide registered kabala dated 26.01.1951 and delivered possession to him. As a result the plaintiff No.1 become the owner of entire 19 decimals of land from dag No.1350. Thereafter Arab Ali died leaving behind the de......ed in: ...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....ke certain immediate steps, the Supreme Court of India on the application of Mr. M. C. Mehta (AIR 1988 SC 1115) held as follows: “The petitioner in the case before us is no doubt not a riparian owner. He is a person interested in protecting the lives of the people who make use of the water flo...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..

Category: Environmental Law | Date: | Hits: 345

Abul Hossain Vs. State, 2008, 37 CLC (AD)

.... accused per­sons murdered the victim Maya by strangula­tion at any time of night on 12-04-2001 and then the dead body was suspended with a branch of mango tree behind the house of Akteruzaman, the owner of his rental house by the saree worn by the deceased to show suicidal hanging and the house o....... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by the High Court Division in Death Reference No.57 of 2003 with...... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134...

Category: Criminal Law | Date: | Hits: 45

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....te Court below on remand for fresh hearing having regard to the observations made by the High Court Division. 2. The plaintiffs' case, in short, is that Ahammad Ali and Torab Ali were the original owners of 90 decimals of land in Khatian No.59, which was auction-purchased by Zamindar Babu Sotish ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others……………â€......plaintiff No.4 purchased 1½ decimals of land from Bodu Mia. The defendant Nos.3-7 being legal heirs inherited land of Bodu Mia and thus the aforesaid defendant Nos.1-3, 6,7,20,21 and 24 became owner-possessors of 26 decimals and 7 2/8 decimals of land for which they prayed saham. The defendant Nos...

Category: Property Law | Date: | Hits: 79

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....document of title of the plaintiff for the suit land was filed in the Court of Appeal below by which the disputed land was given pattan to the predecessor-in-interest of the plaintiff by the original owner nor the supplementary affidavit filed at the time of hearing of the aforesaid civil revision, ......so Reported in: 15 MLR (AD) (2010) 170. ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..

Category: Property Law | Date: | Hits: 28

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

.... After the passing of the said order the petitioners filed an application before the learned Special Tribunal Satkhira to stay the operation of said order No.37 dated 3-3-99 till the ascertainment of ownership of the seized goods and the Special Tribunal by his order No.38 dated 16-3- 99 directed th......53 DLR (2001) 127. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..

Category: Criminal Law | Date: | Hits: 101

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....this petitioner in possession of the building in question the respondent did not or could not adduce any other fact or material before us to support his allegation that petitioner is not the original owner of the building, rather he is an impostor of the original owner. 9. On the other hand, ......d in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..

Category: Property Law | Date: | Hits: 18

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....ving any basis whatsoever. (ii) Whether the Assistant Commissioner of Taxes has been justified in imposing income from house property though the petitioner has neither been legal or beneficial owner of the property and the Taxes Appellate Tribunal was justified in maintaining the imposition. ......mmissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.00 and being aggrieved by the said assessment the applicant preferred an appeal before the Appellate Jo...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....ohan Mukhopadhya on an auction sale held on 5-1- 1953. Said Kali Mohan Mukhopadhya obtained sale certificate and got possession of the land through Court on 18-4-1954. 4. While Kali Mohan was thus owner in possession of the said land transferred the same by registered kabala dated 8-6-1962 to Afs......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..

Category: Property Law | Date: | Hits: 22

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ated in the writ petition, in short, are that, the petitioners took a lease of 2(two) storied building located at House No. 23 Road No. 24 Gulshan- 1 Dhaka by a deed of lease dated 26-7-1993 from its owner  Mahmudul Alam, the respondent No. 4, for a period of 3(three) years with effect from 1-8-199...... ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31